Rojas v. Commissioner of Social Security
| Jenny Georgina Rojas |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2024cv00189 |
| January 10, 2024 |
| US District Court for the Southern District of New York |
| Ona T Wang |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Jenny Georgina Rojas, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ona T. Wang. (Signed by Judge Jennifer L. Rochon on 2/1/2024).(tg) |
| Filing 10 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Brown Casey, Candace) |
Filing 9
ORDER. The parties were ORDERED to file on ECF a fully executed consent to magistrate judge jurisdiction, or if the parties did not consent, a joint letter advising that the parties did not consent to such jurisdiction, by January 30, 2024. ECF No. 6. The parties failed to abide by the deadline. The parties are hereby ORDERED to either file their consent to magistrate judge jurisdiction or file a joint letter advising that the parties do not consent by February 8, 2024. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (mkp)
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| NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 3/18/2024..(pc) |
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Filing 8
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/16/2024) (jca)
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Filing 7
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/16/2024) (jca)
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Filing 6
SCHEDULING ORDER Through a notice of electronic filing, the Court shall notify the Commissioner of the Social Security Administration through its Office of General Counsel and the U.S. Attorneys Office for the Southern District of New York of the filing of this case, brought pursuant to 42 U.S.C. 405(g). By separate Order today, the Court is referring this case to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. In accordance with this District's Standing Order governing challenges to denials of social security benefits (see In re: Briefing of Social Security Cases, 22-MC-00329 (LTS), M 10-468), the following briefing schedule applies: Within 60 days of service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 30 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The plaintiff must file an answering brief within 30 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 14 days thereafter. In addition, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, by January 30, 2024, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to the referral order (and also available at https://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by January 30, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/16/2024) (jca)
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| Filing 5 NOTICE OF APPEARANCE by Candace Marie Brown Casey on behalf of Commissioner of Social Security..(Brown Casey, Candace) |
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Filing 4
STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Loretta A. Preska on 11/18/2022) (pc)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jenny Georgina Rojas..(Berger, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Berger, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Jenny Georgina Rojas..(Berger, Daniel) |
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